Petitioner sought quashing of FIR claiming the disputed amount was paid by accused. Court allowed petition, quashed FIR upon receipt of court fee deposit, noting no further legal purpose if recovery suit unnecessary.
FIR in C.R. No. 95 of 2007 quashed; petitioner directed to deposit Rs. 18,030/- as court fee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 1899 OF 2007
Office Notes, Office : Memorandum of Coram : appearances, Court’s : Court’s or Judge’s orders or directions : orders and Registrar’s orders :
Mr. Ram Mani Upadhyay advocate, for petitioner.
Mr. A. S. Gadkari APP for respondent State.
CORAM : R.M.S. KHANDEPARKAR
AND Mrs. V.K. TAHILRAMANI, JJ.
DATE : NOVEMBER 1, 2007.
P.C.
Heard. By the present petition,
. petitioner is seeking to quash FIR in C.R. No. 95 of 2007 lodged of RCF Police Station on the ground that the amount claimed by the petitioner/complainant has already been paid by the accused persons and on that ground the grievance of the petitioner no more survives. Hence, petitioner is not desirous of continuing with proceeding against the respondent. It is further case of the petitioner that though the complaint was
| lodged | in | relation | to | offence punishable |
under |
|---|---|---|---|---|---|
| S. | 420, | 406, 465, |
467, |
467 read with S. |
34 |
| of | I.P.C. | Since | the | amounts due and |
payable |
| have | alread | y been |
paid | to the petitioner, |
no |
| purpose | w | ould be |
served | by merely |
proceeding |
| against | the | respo | ndent | No.2 and |
punishing |
| them. | In |
these | circumstances, the |
petitioner | |
| has | also | voluntee | red | to pay Rs.18,030/- |
being |
| the | amount | equivalent | to | the court fee |
amount, |
| in | case | the pet |
itioner | would have |
been |
| required | to | file | a | suit for recover |
y of |
| Rs.6,75,0 | 00/- | which | has | already been paid |
by |
| the accu to the sai |
sed person to d complaint. |
the petitioner | pursuant |
| 2. | While | accepting the | am | ount of | |
|---|---|---|---|---|---|
| Rs.18,030/- | voluntari | ly sought |
to be |
paid | by |
| the | petitioner | being a |
mount eq |
uivalent | to |
| court | fee payable |
to the |
government, | in | case |
| petitioners | were | to file |
suit for |
recove | ry of |
| amount | of Rs. |
6,75,000/- | which is |
the |
amount |
| the | petitioners | admittedly | claimed | to | have |
| recovered | consequent | to |
the lodging |
of | FIR. |
| As is |
rightly |
submitted | by | the | advocate |
| appearing | for | petitioner | that | since | the |
| petitioner’s | amount | is rec |
overed, no |
purpose |
| would | be | serve |
d in |
allow | ing | the inve |
stigation | |
|---|---|---|---|---|---|---|---|---|
| in | the | matter. | In | the | circum | stances, | while | |
| permitting | the | petitioner | to | depo | sit the |
said | ||
| amount | of | Rs. | 18,030/- | in | the | registry to |
be |
|
| paid | to | the | government, | the | petition | is |
allowed in terms of prayer (i) and the
impugned FIR is hereby quashed.
of Maharashtra. Petition is thus, disposed
of.
| 4. | This | shall | n | ot | preclude | the | |
|---|---|---|---|---|---|---|---|
| investigating | agency | to | investig | ate | into | other | |
| offence, | if | any, | brought | to | the | notice | of |
| investigating | agency | either | discloses |
involvement of the accused herein or any other
person in any offence or crime.
Sd/- [ R.M.S. KHANDEPARKAR, J.]
Sd/- [Smt. V. K. TAHILRAMANI,J.]
1 issue framed by the court
Whether an FIR under Sections 420, 406, 465, 467 and 34 IPC should be quashed when the claimed amount has been paid by the accused and the petitioner no longer has a grievance.
1 provisions across 1 enactments
Petitioner
Respondent State
R.M.S. KHANDEPARKAR
V.K. TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
